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SIMMONS v. STATE

No. 06-02-00068-CR.

106 S.W.3d 756 (2003)

Richard B. SIMMONS, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Texarkana.

Decided April 25, 2003.

Attorney(s) appearing for the Case

Nelda F. Williams, State Counsel for Offenders, Huntsville, for appellant.

Candace Norris, Chief Appellate Atty., Special Prosecution Unit Plainview, for appellee.

Before MORRISS, ROSS, and GRANT, JJ.

OPINION

Opinion by Justice GRANT.

Richard B. Simmons appeals his conviction for aggravated assault with a deadly weapon on a public servant. A jury found Simmons guilty as charged in the indictment, and the trial court sentenced Simmons to ninety-nine years' imprisonment.

Simmons contends he is entitled to a new trial because the State failed to read the correct indictment prior to the presentation of evidence, because the evidence is legally and...

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